Some people assume that DWI and DUI mean different things, and there are a few states that define these terms differently. However, in the state, the terms DUI and DWI are interchangeable, although most laws refer to the offense as DWI. A driver commits a DWI offense whenever they operate any motor vehicle while under the influence of alcohol or drugs. They can also face civil penalties if they cause an accident.
Police confirm intoxication by alcohol by measuring a driver’s blood-alcohol concentration, or BAC. Every driver in the state is subject to the implied consent law for chemical testing for DWI. The legal limit for most drivers is .08%, and anything beyond this level qualifies as DWI. For commercial drivers, the legal limit is .04%, and drivers who are under the age of 21 cannot drive with any detectable BAC under the state’s Zero-Tolerance policy.
It is important to note that the Zero-Tolerance policy applies to all drivers when it comes to drugs. It is illegal for any driver to operate a vehicle under the influence of drugs, and the police can use various methods to test for this kind of intoxication. Penalties for drugged driving are often severe, and defendants arrested for drugged driving are commonly prosecuted for drug possession charges alongside their DWI charges.
A DWI driver will face various penalties if they are convicted, and these penalties increase if they have a history of prior DWI convictions. They will also increase if they are at fault for an accident. If a DWI driver caused an accident, they are liable for the resulting damages, and the fact that they harmed another party will impact the severity of their penalties in their criminal case. DWI can qualify as a felony when the defendant has inflicted severe or fatal injuries.
A first offense that does not result in injury or death is likely to qualify as a Level 5 DWI offense, the lowest level of DWI in North Carolina. Level 1 is the most serious, with the harshest penalties. The level of conviction a DWI driver faces typically hinges on the aggravating and mitigating factors present in the case. Aggravating factors enhance the defendant’s penalties, while mitigating factors can help reduce their penalties.
When a DWI driver has caused an accident and injured someone else, it is a significant aggravating factor that will likely increase the severity of the penalties assigned to them upon conviction. Additionally, the injured victim will have the right to pursue compensation for their damages just as they would after any other accident. Their process of recovery will begin with an auto insurance claim, followed by a personal injury suit.
A: The Zero-Tolerance law applies to drivers under 21 who are not legally allowed to purchase or consume alcohol. This policy dictates that if a driver under the age of 21 is tested for BAC and the test reports any detectable level of alcohol, the driver faces a DWI charge. Penalties for under-21 DWI vary from case to case but generally include longer license suspensions than those assigned to drivers over 21 convicted of DWI.
A: Generally, the penalties for DWI conviction include fines, suspension of driver’s license, and incarceration. It is also possible for a sentencing judge to include additional penalties at their discretion, such as restitution to any victims harmed by the defendant’s actions, mandatory substance abuse treatment, and more. Penalties increase for multiple offenses or if defendants cause serious bodily harm or death.
A: A driver can sometimes avoid jail for a first DWI offense as long as they did not injure or kill anyone and they are compliant with the police and prosecution. This is typically only an option for first offenders. If a driver manages to avoid jail time for a first DWI conviction and later commits a second DWI, they are likely to face the maximum jail sentence for the second offense.
A: Yes, you can sue a drunk driver who hit you; you have the right to seek compensation for the losses you suffered from the accident. They will also face criminal prosecution from the state, and you could secure restitution along with your claimed damages. It is also possible for a civil court judge to award punitive damages when a defendant has inflicted a personal injury through an illegal action.
A: You will do much better with your case if you hire an attorney for a drunk driving claim. Fault may seem readily apparent, but do not take this to mean you can handle your case on your own. Having an experienced Charlotte drunk driving accident lawyer representing you will significantly improve your chances of success with the case, reduce the time it takes to complete the case, and will likely result in far more compensation than you may have initially expected.
Ayers, Whitlow & Dressler can provide the legal counsel you need on your side after a drunk driving accident. We know you are likely to have many pressing legal questions in this situation, and we want to help you approach your recovery efforts with peace of mind and confidence. Contact our team today and schedule a free consultation with a Charlotte drunk driving accident lawyer to learn how we can assist with your case.
]]>It’s reasonable to consider a wrongful death claim as a personal injury suit for a fatal injury. However, there are some important differences between these two types of civil cases. While both share some procedural aspects, a wrongful death suit focuses on the damages suffered by the family of the victim, while a personal injury claim aims for compensation for the victim. Both require proving liability and the extent of damages resulting from the defendant’s actions.
In North Carolina, only certain parties may bring wrongful death claims. If a decedent named a personal representative in their estate plan, this individual is typically first to have the right to file a wrongful death suit on behalf of the victim’s beneficiaries. If they did not have an estate plan, their surviving spouse and children would be first to have the right to file a claim, followed by surviving parents and siblings.
Success with any wrongful death claim will require proof that a defendant was negligent in a way that directly caused the death. Alternatively, a wrongful death suit may require proving that the defendant broke the law and, in doing so, caused a fatal injury to the victim. In either situation, the party bringing the claim must prove the defendant’s actions directly caused the death and that it did not occur from any other cause.
The objective of a wrongful death suit is to hold a defendant accountable for causing the death and the damages suffered by their surviving loved ones. Similar to a personal injury claim, a wrongful death suit can yield compensation for economic and non-economic damages. Economic damages include the direct financial losses related to the death, while non-economic damages include the family’s pain and suffering.
It is also possible for the defendant to face punitive damages if they caused the death through any type of illegal misconduct. Charlotte wrongful death attorneys help their clients accurately assess all the various damages they can include in their cases and work diligently to ensure maximum recovery. Money cannot replace a lost family member, but holding a defendant accountable for causing a wrongful death can offer peace of mind to the surviving family.
Ayers, Whitlow & Dressler aims to help every client we represent maximize their case award. The proceeds from your successful wrongful death suit can make it easier for your family to adjust to difficult new circumstances. A team of experienced Charlotte wrongful death attorneys is an invaluable asset for maximizing your chances of success with your claim.
A: In order to win a wrongful death case, Charlotte wrongful death attorneys can help their clients gather the evidence needed to establish liability for the wrongful death. Similar to a personal injury claim, a wrongful death suit requires identification of the party or party responsible for causing the death and proof of exactly how they caused it. It’s possible for a wrongful death to result from negligence or illegal misconduct.
A: It is possible for a defendant to go to prison for causing a wrongful death when the death results from negligence. The defendant faces liability for the damages suffered by the victim’s family. Criminal charges could be leveled if they were egregiously or criminally negligent or if they caused a fatal injury through an intentional and/or illegal act. Drunk driving and assault are examples of how a defendant can face prosecution alongside a civil suit from the victim’s family.
A: Many factors determine the total potential value of a wrongful death suit. The plaintiff bringing the claim has the right to seek compensation for economic and non-economic damages suffered by the victim’s family as well as losses incurred by the estate of the deceased. Charlotte wrongful death attorneys can help clients accurately calculate the full extent of claimable losses they can include in these claims.
A: In order to file a wrongful death claim in the state, you must meet the two-year statute of limitations. This time limit begins on the date of the death and lasts for two years. If the family cannot determine the cause of death right away, the statute of limitations may begin on the date of their discovery of the death. It is advisable for the claimant to file their case as quickly as possible to ensure they meet this deadline.
A: You need an attorney to file a wrongful death claim in order to maximize your case award. Charlotte wrongful death attorneys offer several advantages — such suits are inherently emotionally challenging, and the average person may not be aware of all the damages they can claim. Working with legal counsel means your family can approach the case with peace of mind. A claimant is more likely to succeed and maximize their compensation with representation.
The attorneys at Ayers, Whitlow & Dressler can provide the legal counsel you need for your impending wrongful death suit. Charlotte wrongful death attorneys help their clients build cohesive claims and streamline their proceedings, reducing the time it takes to hold a defendant accountable and to recover compensation for a grieving family. Contact us today and schedule your free consultation with our team to learn more about the legal services we provide.
]]>Similar to a personal injury claim, a wrongful death suit enables a plaintiff to claim economic and non-economic damages from the defendant who caused the death. However, state law limits eligibility for filing a wrongful death claim to the victim’s closest surviving relatives, such as their spouse or children. If they named a personal representative in their estate plan, this person would likely assume responsibility for filing a wrongful death suit for them.
After establishing liability for the death, it is possible for a wrongful death suit to yield full compensation for all economic damages the family incurred because of the death, such as:
Non-economic damages are more subjective and pertain to the family’s emotional distress from the loss of their loved one. North Carolina only limits this aspect of recovery in wrongful death cases from medical malpractice. For all other claims, plaintiffs may seek as much as they believe to be reasonable. This often amounts to several times the total of the economic damages sought from the defendant.
When it comes to caps or limits on damages in wrongful death suits, there are no such caps or limits except for medical malpractice cases. In all wrongful death suits, there is no limit on economic damages, and plaintiffs can expect full repayment of all claimed economic damages if they succeed with their cases. There is, however, a limit on non-economic damages in medical malpractice suits, but this could be waived under certain conditions.
There is also a limit on punitive damages. As the name suggests, punitive damages are awarded to punish a defendant for egregious negligence and/or illegal misconduct resulting from the death. However, the cap on punitive damages is waived in drunk driving accident cases. Charlotte wrongful death attorneys can explain all applicable caps on damages to their clients and help them maximize the results of their wrongful death suits.
A: The only caps on damages for civil suits in North Carolina pertain to medical malpractice cases and punitive damages in all other cases. Punitive damages are capped at $250,000 or three times the total of their claimed economic damages, and non-economic damages in wrongful death cases filed under medical malpractice law are capped at $500,000. However, this cap may be waived at the discretion of the judge.
A: The total value of a wrongful death claim can vary based on many factors. Charlotte wrongful death attorneys help their clients calculate the full range of economic damages they can seek from defendants and determine appropriate pain and suffering compensation. It is also possible for the plaintiff to recover punitive damages if the defendant broke the law in causing the fatal injury.
A: You have a two-year statute of limitations to file a wrongful death suit in the state. This means that the party bringing the claim must file it with the court within two years of the date of the death. However, if the cause of death can’t be immediately determined, the statute of limitations may begin on the date of discovery or the date when the cause of death could be ascertained by the victim’s family.
A: You can file a wrongful death claim without a lawyer, but you will be far more likely to reach a positive conclusion and more likely to secure maximum compensation from the defendant if you have trusted legal counsel on your side. Charlotte wrongful death attorneys can streamline their client’s cases, maximize their case awards, and address any complex or uncertain variables in their cases they do not know how to address alone.
A: Most Charlotte wrongful death attorneys charge a contingency fee for such suits. This means you do not pay attorneys’ fees upfront, nor are you charged ongoing fees. Instead, your fee is a percentage of the final award we recover. You only pay this fee if we win, so there is no economic risk to you and your family by choosing our firm as your legal representation.
The Charlotte wrongful death attorneys at Ayers, Whitlow & Dressler understand the emotional weight any wrongful death suit can carry and that you are likely to have many important legal questions that you simply cannot answer on your own. If you would like to learn how our firm can assist with your impending case, contact us today to schedule your free consultation and find out how we can assist you.
]]>A wrongful death occurs whenever someone’s lack of reasonable care or intentional misconduct results in fatal injury. Pursuing a wrongful death claim will be very difficult without a trusted attorney on your side, and even if you succeed, the proceeds from your case will not replace your lost loved one. A substantial case award can, however, make adjusting to your new circumstances a bit easier.
The objective of a wrongful death suit is to hold a defendant accountable for the harm they have done. This type of civil suit mirrors a personal injury claim in several procedural aspects. However, while the purpose of a personal injury case is to obtain compensation for the victim’s damages, a wrongful death claim seeks compensation for the victim’s family.
Similar to a personal injury suit, it is possible for the plaintiff in a wrongful death claim to seek compensation for economic and non-economic damages. Economic damages are the direct financial losses resulting from the death, such as losses incurred by the estate of the deceased for final medical expenses and lost income during the victim’s attempt at recovery, funeral and burial expenses, and financial support the victim can no longer provide to their family.
Non-economic damages include the family’s pain and suffering. The surviving spouse can claim compensation for their loss of consortium and loss of affection, while surviving children can be compensated for the loss of parental companionship and guidance. If the victim did not die immediately from the fatal accident, it is also possible for the family to seek compensation for the pain and suffering they experienced prior to their death.
You may think that fault for your loved one’s death is readily apparent, but the actual process of formally proving liability in a civil case is likely to be more challenging than you expect. You may also know that you can claim compensation for the death, but you may not be fully aware of all the various forms of compensation you can include in your claim. Charlotte wrongful death attorneys not only help their clients win their cases but also maximize their case awards.
Your attorney can help gather the evidence needed to firmly establish fault for the death. They will know how to uncover all the various forms of evidence that could prove vital to your case, and once fault is established, they can help uncover every channel of compensation available to you and your family.
Every wrongful death case is unique, and every grieving family deserves a legal advocate who can answer their questions, address their concerns, and provide supportive legal counsel through the various stages of the difficult case ahead. Ayers, Whitlow & Dressler approaches every wrongful death suit our firm accepts with the goal of helping our client maximize their total case award.
A: To prove liability for a wrongful death, you must follow the same framework as proving liability for a personal injury. You must identify the party or parties you believe to be responsible for the death, prove how they caused the death, and prove that the death did not happen from any other cause. The plaintiff bringing the claim will also need to prove the full extent of damages the beneficiaries of the deceased suffered because of the fatal incident.
A: Your Charlotte wrongful death attorney can help assess the full potential value of your impending wrongful death case. You may be entitled to more than you initially expected, and the right attorney can help you maximize your case award in the shortest timeframe possible. It’s important to note that the proceeds of a successful wrongful death claim in the state go to the beneficiaries of the deceased.
A: The defendant who caused a wrongful death could face criminal prosecution depending on how they caused the death. They could face charges of criminal negligence, assault, drunk driving, or a host of other possible crimes, depending on what exactly they did to cause the death. If the defendant caused the death through an intentional criminal act, jail time is just one of the possible penalties they could face if convicted in criminal court.
A: You should hire a Charlotte wrongful death attorney because such a case is inherently challenging due to the emotional strain of the situation and the complexity of the damages. Hiring attorneys makes handling your case much easier and allows you and your family to mourn in peace. You will also be more likely to succeed with the claim, and it is possible for your attorney to uncover avenues of compensation you did not know you could claim.
A: Charlotte wrongful death attorneys generally charge clients on a contingency basis. If you choose Ayers, Whitlow & Dressler to represent you, we only take a fee if and when we win your case. A contingency fee means that our client pays a fee only if we succeed in securing compensation for them. If we cannot obtain a recovery for you, you pay no legal fees, so there is no risk in securing representation for your impending wrongful death suit.
Ayers, Whitlow & Dressler can provide the legal counsel you need when you need it most and help you approach your impending wrongful death suit with confidence and peace of mind. You have a limited time in which to file your case with the court, so contact us today and schedule a free consultation with a team of trustworthy Charlotte wrongful death attorneys with your case.
]]>The objective of a personal injury claim is to hold a defendant accountable for the effects of their negligence or illegal misconduct. To secure compensation for their losses, the plaintiff must prove the full extent of the damages they suffered and establish causation between their damages and the defendant’s actions. This means they must prove the defendant directly caused the harm and it did not occur from any other cause.
In most personal injury claims, some damages are immediately apparent, while others are more difficult to discern. Typically, a personal injury plaintiff has the right to seek compensation for economic and non-economic damages the defendant caused. Economic damages are simpler and include all direct financial losses the plaintiff sustained in the incident. These generally include property damage, medical expenses, and lost wages.
Non-economic damages are more challenging to prove. These are the intangible losses resulting from the defendant’s actions and may seem subjective and open to interpretation. Non-economic damages generally include physical pain, emotional distress, trauma, and diminished enjoyment of life resulting from the defendant’s actions.
It may seem as though these damages would be very difficult to prove and that it would be even harder to assign monetary values to intangible losses such as these. However, it is possible to file a personal injury suit for emotional distress or to include emotional distress as damages in a personal injury claim.
Your Monroe personal injury lawyer can help gather the evidence you will need to prove that a defendant caused emotional distress, and they will know how to establish a reasonable monetary value for your non-economic damages. To succeed with your claim, you will need to prove the defendant’s negligence or misconduct could foreseeably cause the emotional distress you claim to have experienced.
North Carolina law does not place a limit on pain and suffering compensation in most personal injury claims, and there is no strict formula you must use to calculate pain and suffering in your claim. You have the right to seek whatever amount you believe reflects the severity of the harm done to you. Your Monroe personal injury attorney may use any claimed economic damages as a starting point to calculate a suitable amount and may call expert witnesses to support your claim.
Ultimately, the optimal way to assess the value of any impending personal injury claim in the state is to speak with an experienced attorney as quickly as possible. The sooner you secure legal counsel, the more likely you will be to succeed with all the recovery efforts you attempt. Your attorney will also know how to make a compelling case for compensation for your emotional distress, even if this seems impossible to prove on your own.
A: You will have an easier time calculating pain and suffering compensation if you have a Monroe personal injury attorney working with you. There is no specific formula used to determine how much pain and suffering compensation you can seek in your case. You have the right to claim as much as you believe to be reasonable, but you should be prepared to provide evidence that substantiates your claim.
A: The time your case could require to conclude largely depends on whether you are able to settle it privately with the defendant or if you need to resolve the case through litigation. Settlement may only take a few weeks as long as both parties are willing to negotiate, but if litigation is required, it could take much longer, from several months to even longer than a year in some cases.
A: No, you are not required to hire a Monroe personal injury lawyer; you have the right to manage your case on your own, but you would be unlikely to achieve the same results that an experienced attorney could secure. Your personal injury lawyer can help you meet all the deadlines of your case, uncover every form of compensation you can claim from the defendant, and assist you in maximizing your case award as much as state law allows.
A: If you are partly at fault for your damages, you cannot claim compensation. If an investigation reveals that a plaintiff shares liability for causing their damages, it will prevent the plaintiff from claiming compensation from the defendant under the contributory negligence rule. North Carolina’s contributory negligence statute upholds that if a plaintiff bears any measure of fault for causing their claimed damages, they cannot seek compensation from any other liable party.
A: A Monroe personal injury lawyer, such as the team at Ayers, Whitlow & Dressler, offers contingency fee billing for personal injury cases. This ensures you can secure legal counsel when you need it, regardless of your financial situation. Your attorney takes a percentage of your final award, but only if you win. There is no fee if your attorney is unable to secure compensation for you. So, there is no financial risk in hiring an attorney under a contingency agreement.
Ayers, Whitlow & Dressler has successfully represented many personal injury cases in Monroe, and we are ready to put this experience to work in your case. If you want to learn more about the ways our firm can assist with your recovery from emotional distress, contact us today and schedule a free consultation with a trustworthy Monroe personal injury attorney with your case.
]]>You need to identify the party or parties responsible for causing your personal injury before you will be able to recover compensation for your losses. The foundation of every personal injury claim is actual physical or emotional harm or some kind of measurable loss suffered because of another party’s actions. Some of the most commonly cited causes of personal injuries in Monroe include:
These are just a few possible examples of how personal injuries might happen in North Carolina. Ultimately, any situation in which one party harms another party through negligence or intentional misconduct can form the basis of a personal injury claim.
The majority of personal injuries reported in the Monroe area happen because of negligence, or failure to use reasonable care. Proving negligence requires evidence that the defendant owed the plaintiff some duty of care, breached that duty of care in some way, and directly caused the plaintiff’s claimed damages. The plaintiff also needs to prove that their damages directly resulted from the defendant’s actions.
A Monroe personal injury attorney is an invaluable asset for your impending personal injury case. Every case is unique, and every plaintiff faces different challenges in their efforts to recover compensation for their damages, but every plaintiff benefits by having reliable legal counsel on their side. Working quickly to secure legal representation after a personal injury is one of the most effective ways to ensure the fullest possible recovery.
A: You face a two-year statute of limitations or time limit for filing personal injury claims in the state. This time limit starts on the day your injury happened, and if you do not file your case within this timeframe, you will lose your chance to claim compensation from whoever injured you. It’s advisable to speak with a Monroe personal injury attorney as quickly as possible after your injury so they can begin building your claim.
A: Projected future damages owed by a defendant in a personal injury case should be calculated by your Monroe personal injury attorney. The defendant who injured you is responsible for any property damage, medical bills, and lost wages, as well as the projected future losses you are likely to incur. Your claim could enable you to recover compensation for future medical costs and lost earning power, and your personal injury attorney can help calculate these losses.
A: A defendant could go to jail for causing a personal injury in Monroe. A defendant may face not only liability for the damages they inflicted but also criminal prosecution, depending on how they caused your personal injury. While most personal injuries are the result of negligence or lack of reasonable care, some happen because of illegal misconduct. Your attorney can advise you as to how any variables will impact your recovery efforts and the compensation you obtain.
A: You are likely to win more compensation if you hire a Monroe personal injury attorney to identify areas of recovery you would have overlooked on your own. They will also know how to accurately calculate your projected future damages and determine suitable pain and suffering compensation to seek from the defendant. Ultimately, you’re more likely to win your case with the maximum case award when you have legal representation on your side.
A: A Monroe personal injury attorney will likely cost you nothing unless they win your case. Ayers, Whitlow & Dressler offers contingency fee billing for personal injury cases. This ensures that you pay attorney fees only if they win your case and your legal expenses do not exceed your recovery. We take a percentage of your award if you win, and we take nothing if we can’t secure compensation for you. A contingency fee policy removes the risk of hiring legal counsel.
The attorneys at Ayers, Whitlow & Dressler can help make clearer sense of the legal issues ahead of you, determine your optimal path to recovering your losses, and assist you in securing maximum compensation for the damages you suffered. Contact our team today and schedule your free consultation with a Monroe personal injury attorney to learn more about the legal services we offer.
]]>The objective of a personal injury claim is to hold a defendant accountable for the harm they caused and for the plaintiff to recover compensation for their damages. Before the plaintiff can secure any type of compensation, however, they must prove the exact cause of their injury and prove how the defendant caused the injury. Personal injury cases can arise from motor vehicle accidents, slip and fall accidents, workplace accidents, intentional acts of violence, and more.
The plaintiff must be able to prove they suffered a loss to proceed with their claim. This means they need to prove that not only did the defendant act illegally or negligently but that their behavior also caused actual harm or some sort of measurable loss. Under the state’s personal injury statutes, the plaintiff in a personal injury case has the right to seek compensation for economic and non-economic damages.
Economic damages are generally the most straightforward element of a personal injury case in the state. These include all the direct financial losses the plaintiff suffered because of the incident. For most personal injury plaintiffs, their economic damages are likely to include:
A Monroe personal injury lawyer can help their client accurately calculate immediate and future economic damages they can claim from the defendant. It’s possible for a good attorney to uncover channels of recovery the plaintiff may have overlooked on their own, enhancing the plaintiff’s total case award significantly. In addition to economic losses, the defendant is also liable for the pain and suffering they inflicted on the plaintiff.
North Carolina law does not require a plaintiff to use a specific formula to calculate pain and suffering, nor is there a limit to how much they can claim from the defendant in most personal injury cases. If you suffered a serious injury because of the defendant’s actions, your pain and suffering compensation could eclipse the total of your claimed economic damages. Plaintiffs who sustain life-changing injuries are likely to recover substantial pain and suffering compensation.
A: Yes, it is possible for a defendant to face criminal charges depending on how they caused a personal injury. Most of the personal injuries reported throughout the state happen from negligence, or failure to exercise reasonable care. However, some happen because of intentional and illegal actions. Defendants in these cases can face harsher criminal sentencing for causing harm and increased financial liability to victims due to the illegal nature of their actions.
A: You have a two-year statute of limitations to file a claim for most personal injury cases in the state. This time limit starts on the date your injury occurred, and if you do not file your claim within the statute of limitations, you lose the ability to claim compensation from the defendant. Two years may seem like sufficient time to file your case, but it is always advisable to contact a Monroe personal injury attorney as quickly as possible to ensure you meet the deadline.
A: The worth of your personal injury claim depends on your injuries and damages. The defendant who injured you is liable for all the economic damages you suffered because of their actions, including immediate and future economic damages, such as medical expenses and future medical treatment costs for a severe injury. You also have the right to claim pain and suffering compensation, and there is no limit to how much you can claim in most personal injury cases.
A: If you are partly responsible for your personal injury, even slightly, it will prevent you from claiming compensation from the defendant. North Carolina enforces a contributory negligence rule, meaning any plaintiff who bears partial fault loses their ability to claim compensation from the defendant who injured them. If you have any concerns that you bear partial liability for your personal injury, it is vital to discuss the issue with an attorney as quickly as possible.
A: Hiring a Monroe personal injury lawyer will likely cost you nothing unless your attorney wins your case. Ayers, Whitlow & Dressler accepts personal injury cases on a contingency fee basis. This means you only pay a fee after we win your case, and your fee is a percentage of the compensation we secure for you. If we cannot obtain compensation, there is no fee at all. This billing policy is meant to ensure you have access to the counsel you need when you need it.
Ayers, Whitlow & Dressler has the experience you want on your side for any type of personal injury case in Monroe or surrounding communities. If you are ready to learn what our firm can do for your recovery, contact us today and schedule a free consultation with a Monroe personal injury attorney.
]]>Throughout the United States, each state enforces different statutes pertaining to intoxicated driving. The terms “driving under the influence (DUI)” and “driving while intoxicated (DWI)” define different offenses in some states, but in North Carolina, these terms are used interchangeably. DUI and DWI both define the same offense, but state laws typically use the term “DWI” in reference to these cases.
It is illegal for anyone to operate a vehicle while intoxicated by drugs or alcohol. The penalties for DWI offenses in the state depend on the number of DWI convictions on the driver’s record, the severity of the offense, and whether they caused injury or death. Penalties typically include fines, jail time, loss of their driver’s license, and additional penalties assigned at the discretion of the court.
If a drunk or drugged driver causes an accident, they not only face criminal charges for DWI but also civil liability for the damages they caused. For the victim, the process of resolving a drunk driving accident will mirror what they could expect after any other accident. They will need to prove fault, identify the full extent of their damages, and then pursue compensation with an auto insurance claim and/or personal injury suit.
However, in a drunk driving accident case, the defendant could face additional financial liability to the victim due to the illegal nature of their actions. For example, a judge in a civil case could award a plaintiff punitive damages, or the judge handling criminal sentencing may award the victim restitution as part of the defendant’s sentence. Your Charlotte drunk driving accident lawyer can explain how any such variables may influence your recovery.
Before you can claim any compensation for the damages you suffered in your recent accident, you must be ready to prove the other driver is entirely at fault. If they were intoxicated, it may seem obvious, but if you bear any partial liability for the accident due to speeding or other negligence, it will prohibit you from claiming compensation under the state’s contributory negligence law.
Once you establish fault, your first option for recovery is filing an auto insurance claim. Every driver in the state is required to have auto insurance, but if the at-fault driver’s policy can’t fully cover your damages or they do not have insurance, you will need to file a personal injury claim against them to recover the rest of your damages.
The driver responsible for causing a drunk driving accident is likely to face increased penalties due to inflicting injury on the victim. This will not only mean harsher fines, more jail time, and a longer driver’s license suspension but also increased financial liability to the victim in the form of punitive damages or restitution. Your Charlotte drunk driving accident lawyer can advise you on what to expect when it comes to the total compensation you could recover for your accident.
A: Penalties for DWI convictions in the state generally result in fines, driver’s license suspension, and jail time, even for a first DWI. Judges may issue additional penalties at their discretion, such as mandatory substance abuse counseling and/or community service. Penalties escalate with each subsequent conviction and/or if the defendant caused an accident resulting in great bodily harm or death.
A: You can claim compensation for all damages that result if you were injured in a drunk driving accident if you can prove that another driver is responsible for causing the accident. You can seek compensation for your medical bills, vehicle repair costs, lost wages, and anticipated future economic losses through an auto insurance claim and a personal injury suit. Your Charlotte drunk driving accident lawyer can estimate your claim’s total potential value.
A: Pain and suffering compensation should be calculated by a personal injury lawyer when another party has harmed you. The responsible party is responsible for all economic damages they inflicted as well as physical pain, emotional distress, and psychological trauma. There is no set formula used to calculate how much pain and suffering compensation to seek with an injury claim, nor does the state limit pain and suffering compensation in most personal injury cases.
A: A drunk driver can possibly avoid jail time after a conviction, depending on the number of convictions they have and if they injured someone. Jail is a common punishment for DWI, and the time a defendant spends behind bars typically depends on the DWI convictions on their record and the severity of the offense. A convicted driver might avoid jail for a first offense, and judges are sometimes willing to consider alternative penalties, but this is never guaranteed.
A: You should hire a Charlotte drunk driving accident lawyer because you are more likely to succeed with your recovery with a lawyer on your side. You are not required to hire an attorney, but you have a greater chance to succeed and maximize compensation with one. Your attorney can streamline your proceedings and potentially help recover your damages more quickly than you could on your own, and they may find channels of recovery you didn’t know were available.
Ayers, Whitlow & Dressler strives to help each of our clients maximize their compensation after suffering injuries in motor vehicle accidents. If you were injured by a drunk driver in Charlotte, we can help you hold them accountable for your damages while the criminal justice system prosecutes them for breaking the law. Contact us today and schedule a free consultation with a Charlotte drunk driving accident lawyer to learn more about how we can help you recover.
]]>In the state, it is illegal for any driver to operate a vehicle while intoxicated by drugs or alcohol. Police will determine whether a driver is under the influence of alcohol using a chemical testing system that checks blood-alcohol concentration (BAC). The legal BAC limit for most drivers is .08%, and the legal limit for commercial drivers is .04%. Any amount over the legal limit will result in a DUI charge.
North Carolina’s Zero-Tolerance policy applies to drivers under the age of 21. Because these drivers are not legally allowed to purchase or consume alcohol, any detectable BAC will result in a DUI charge if they are tested for suspected impaired driving. Penalties for violations of the Zero-Tolerance policy are quite severe, and many underage drivers convicted of DUI will lose their driver’s licenses until they turn 21, sometimes longer.
In addition to a lengthy driver’s license suspension, underage drivers will also face compulsory community service, mandatory substance abuse treatment, and various other penalties assigned on a case-by-case basis at the discretion of the court. Underage drivers charged with DUI are generally spared jail time as long as it is their first offense, but this is not guaranteed in every case, especially if an underage drunk driver caused an accident resulting in injury or death.
North Carolina enforces the fault rule for vehicle accidents, meaning the driver responsible for causing an accident is liable for all resulting damages. If a drunk driver caused your recent accident, they are liable for your damages and will face criminal prosecution. Recovery from most accidents in the state begins with an insurance claim against the at-fault driver, followed by a personal injury suit when their insurance can’t fully cover your damages.
Proving fault is generally straightforward in drunk driving accident claims. If the other driver was intoxicated when they caused your accident, they broke the law and are directly responsible for the effects of their behavior. However, it is vital to determine whether you hold any partial fault for the accident. If you are found at fault, even slightly, it will prevent you from claiming compensation under the state’s contributory negligence rule.
Your Charlotte drunk driving accident lawyer can help establish liability for your damages and file your auto insurance claim against the at-fault driver. If their insurance company disputes your claim, they will resolve these issues for you. When it comes to building a personal injury claim, your legal team can help you identify all the various forms of compensation you can claim from the defendant.
When another driver has injured you by breaking the law, you may not only recover compensation for the damages they caused, but also restitution and/or punitive damages at the discretion of the court. Ultimately, you could be entitled to a larger recovery than you might expect, and it is vital that you connect with an experienced attorney as quickly as possible to have the greatest chance of maximizing your total compensation.
A: The Zero-Tolerance law applies to drivers under the age of 21 in the state. While drivers over the age of 21 will only face DUI charges if they have a BAC over .08%, any detectable level of BAC for a driver under the age of 21 will result in a DUI charge. While drivers under 21 are sometimes shown some measure of leniency, they will usually lose their driver’s license for much longer than the standard suspension penalty for drivers over 21 convicted of DUI.
A: While passengers can drink and ride in a vehicle, the state’s open container law does not allow a driver to consume alcohol while driving. While drinking and riding are technically legal, it is generally safer for all occupants of a vehicle to avoid consuming alcohol or having open alcohol containers inside the vehicle.
A: The penalties for DUI in the state are varied; you could face a host of penalties, including a fine, loss of your driver’s license, and jail time. Penalties for DUI offenses automatically increase when a defendant has caused an accident resulting in great bodily harm or death and/or they have a record of past DUI convictions within the last few years. Penalties increase with each subsequent conviction.
A: Under the state’s personal injury laws, you have the right to seek full repayment of all the financial losses you sustained from a drunk driving accident, including your vehicle repair bills, medical expenses, and lost wages. You also have the right to claim pain and suffering compensation, and you may receive punitive damages due to the fact the defendant caused the accident by breaking the law.
A: You should always hire a lawyer for a drunk driving accident claim in the state. You may think that your case is relatively straightforward and that the drunk driver’s fault for your damages is obvious. However, working with a Charlotte drunk driving accident lawyer not only increases your chance of success with the recovery efforts you attempt but also increases your chances of maximizing your recovery as much as state law allows. Your attorney may reveal avenues of compensation you didn’t know were available to you.
The team at Ayers, Whitlow & Dressler regularly provides comprehensive and compassionate legal counsel to victims of all types of vehicle accidents, including those resulting from drunk driving. If you believe you have grounds for legal action in response to your recent accident, contact us today and schedule a free consultation with a Charlotte drunk driving accident lawyer.
]]>Motorcycle accidents can often result in significant blunt force trauma for riders because of their exposure and the possibility of being thrown from the motorcycle. If this trauma occurs in particularly vulnerable parts of the body, it could lead to death. Some of these injuries include:
Even if a motorcycle accident doesn’t result in death, there are other injuries that could have significant costs and impact on a rider’s life. Some of these include:
A: If someone dies as a result of a motorcycle accident, then a wrongful death claim is a means for family members to receive restitution for their loss. Typically, those who will file may be a surviving spouse, the deceased’s children, the deceased’s parents, or a representative of the estate.
A: The compensation for a wrongful death claim is similar to what is covered by a personal injury claim, with some additions related specifically to the death. This means the economic damages may also cover funeral and burial expenses, in addition to covering the medical bills, lost wages, and property damage related to the accident. The non-economic damages will also cover those psychological and emotional costs that the survivors must bear as a result of the loss of their loved one.
A: Liability for a motorcycle accident will go to whoever committed an act of negligence that led directly to the accident and the injuries that were suffered as a result. While this may often be the operator of a motor vehicle involved in the accident, there could be other causes of the accident beyond the other vehicle and lead to liability for those responsible for those issues. For instance, some accidents are the result of roads not being properly maintained, inadequate signage, or traffic lights not working properly.
In these situations, it may be the government that is liable. Similarly, it’s possible that an accident may be traced to a malfunctioning or incorrectly installed part, which could make the manufacturer or installer liable. One of the first things your Charlotte motorcycle accident lawyer will do is attempt to identify the properly liable party.
A: A Charlotte motorcycle accident lawyer could be a vital help to those seeking restitution after an accident. Typically, they will investigate the accident to understand who could be liable and collect evidence that can help with proving their liability. Once they understand who is liable, they can represent their clients in negotiations for a fair settlement. However, if a settlement can’t be reached, they will continue representing their clients’ interests through the litigation process.
Motorcycle accidents can be incredibly dangerous for riders. Significant injuries can happen, and even death. While money is obviously a secondary concern in these situations, it can still be an important concern for families. The medical bills and lost wages alone can be significant, and the psychological and emotional toll the situation causes can add to the difficulty.
It’s important for those who have been negatively impacted by a motorcycle accident to work with a team like you find at Ayers, Whitlow & Dressler. Our Charlotte motorcycle accident lawyers understand how to help our clients seek fair restitution, whether that be through a settlement or taking the claim through litigation. Our team is dedicated to taking every option available to us to help our clients pursue what they’re owed. Contact us today if you’re seeking compensation after a motorcycle accident.
]]>